18 Jan News Release: Gluckstein Lawyers Launch Class-Action Lawsuit Against Manufacturer of Knee Implant Device
TORONTO, January 18, 2022/CNW/ – Gluckstein Lawyers has commenced a proposed class-action personal injury lawsuit alleging a “shockingly high failure rate” of the DePuy Attune Total Knee Arthroplasty implant that “were defective and unreasonably dangerous– when sold.”
The proposed class action is brought against DePuy Synthes Companies, Synthes (Canada), Depuy Orthopaedics Inc. and Johnson & Johnson on behalf of representative claimant Cassandra Lyon and thousands of patients who received the implant and have experienced a device failure. It is alleged that many suffered severe complications that necessitated additional surgeries one or two years after the device was implanted.
The system is a total knee replacement implant manufactured by DePuy Synthes, a subsidiary of Johnson & Johnson, and was approved in the United States by the Food and Drug Administration in December 2010 under the agency’s 510(k) clearance process. Devices approved through this process are not required to undergo clinical trials, nor do they require any evidence of safety before being approved and distributed for implantation. This process allows such medical devices to be available for faster treatment. However, it also increases the risk that a faulty device will be distributed without proper evaluation.
Between 2002 and 2013, DePuy Synthes recalled 277 knee replacement and related components due to implant loosening and premature failure. This was a Class I device recall, meaning that the product is linked to serious or even fatal adverse health consequences.
The Plaintiffs state that they had no way of knowing that the device used in their total knee replacement surgeries was defective in design, manufacture and marketing, even when properly implanted by surgeons and/or healthcare providers.
Typically, patients who receive a total knee replacement can expect the implanted joint to last approximately 20 years. However, the plaintiffs allege the DePuy system has been failing at a much faster rate for many patients, most within less than two years.
“Public trust in our healthcare system extends to the devices our medical professionals use. Ultimately, a catastrophic device failure erodes that confidence,” says Class-action lawyer Jordan Assaraf of Gluckstein Lawyers. “A lawsuit offers consumer protection, allowing people who might not have the resources to take on these large organizations and corporations to seek justice.”
If you have experienced pain or complications from the DePuy Attune Knee Implant and would like further information about the lawsuit, please contact Gluckstein Lawyers at (416) 408-4252 or visit our website.